Study On The Separation Mechanism Of Legal Trial And Facts In People's Jury System

The people's juror system is a vivid practice of the socialist democratic political system with Chinese characteristics in the judicial field,which is far-reaching and significant.Judging from the practice of the world jury system,the functions of the jurors contain the fact that the difference between the various systems is whether it contains the decision to apply the law.The decision of the Central Committee of the Eighth Central Committee of the Eighth Central Committee of the Communist Party of China on Several Important Issues Concerning the All-round Promotion of Ruling by Law(hereinafter referred to as the "Decision")put forward that the gradual implementation of the people's jurors no longer trial the application of the law,problem."Decisions" and the program pointed out that the people's jury system to determine the direction of the Secretary for reform,is the current legal norms of the people's jury members of the major functions of the adjustment,"progressive implementation" of the expression not only fully reflects the prudent attitude,but also implied On the people 's jury system "fact trial" and "legal trial" realistic confusion of the way out of the gradual exploration.According to the "People's Jury System Reform Pilot Program" jointly issued by the Supreme People's Court and the Ministry of Justice,the people's jurors expressed their opinions independently on the factual issues in the course of the case review and no longer commented on the application of the law.People's jurors and professional judges begin the division of labor,the judges and jurors are responsible for the fact that the judge is responsible for the legal issues independently.It is helpful to further discover the difficulties and obstacles encountered by the people's jurors in the fact that the effective judgment of the people's jurors in the fact that the people's jurors are true Play a role in changing the long-standing "accompany not trial" phenomenon.In this paper,from the perspectives of the factual trial of the people's jurors and the necessity,possibility,reform puzzlement,practice path and so on,the veil of the deepening theory of the people's jurors is revealed,and the people's jurors are discussed in the light of the current reform A Study on the Separation Mechanism of Trial and Facts.The thesis is divided into four parts.The first part discusses the necessity and possibility of the separation between the legal trial and the facts,firstly defines the concept of legal trial and fact trial,and the legal trial has a narrow sense and broad sense,this thesis holds the broad definition.Next analysises the necessity and possibility of the legal trial and the fact trial Respectively,from three aspects.The second part analyzes the perplexity of the separation of the legal trial and the trial It is difficult to distinguish between the "factual problem" and the "legal problem".The third part examines the path of separation of legal trial and fact trial.There are different degrees of understanding of the facts and legal issues between Civil law countries and the Anglo-American legal system.relatively speaking,the Anglo-American law countries speaks more clear on what issues are the facts of the case,which issues belong to the case of legal issues.On the basis of analyzing the two legal systems,this paper puts forward the inspiration to the distinction between the fact and the legal problem in our country.The fourth part is about the separation mechanism of the legal trial and the fact trial.From two aspects in the system security and judicial practice to promote the people's jury system of legal trial and trial separation.